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PROJECT REPORT ON

PROCEDURE FOR LEASE OF GOVERNMENTLAND FOR INDUSTRIAL PURPOSE IN ODISHA

Revenue and Disaster Management DepartmentGovernment of Odisha

Submitted byDr. Bijay Kumar Sethi

Additional Tahasildar, Bonth, BhadrakSub-Registrar (I/c), Bonth, Bhadrak

Trainee Officer-22nd Batch, ROTI

PROJECT REPORT ON






PROJECT REPORT ON






PROJECT REPORT ONPROCEDURE FOR LEASE OF GOVERNMENT

LAND FOR INDUSTRIAL PURPOSE IN ODISHASubmitted byDr. Bijay Kumar SethiAdditional Tahasildar, Bonth, BhadrakSub-Registrar (I/c), Bonth, BhadrakTrainee Officer-22nd Batch, [04 October-01 November, 2018]Revenue Officer’s Training Institute, Gothapatana, Bhubaneswar

“Land” is considered as an imperative resource as it provides habitation to a large diversityof flora and fauna. It is also utilized by human beings for various purposes, such as,agriculture, forestry, mining, construction of buildings, roads and setting up industries. Itstands for all- environment, livelihood and lifeless. In this case, “Land” refers to Governmentland of Odisha.







Contents

Sl. No. Title Page No.1. Land-in general, an Introduction 012. Definition of Land as per revenue laws 01

2.1. Government Land 013. Lease-at a glimpse 02

3.1.Objectives of lease of government land for industrialpurpose

03

4. Laws/Acts for lease 035. Reservation and Settlement of Government Land 046. Lease of government land 04

6.1.Applicants for Lease of Government Land (other thanIndividuals)

04

6.2. Leasability criteria of the land to be settled 05

6.3.Application and Documents required forLease/Alienation (other than Individuals)

05

6.4.Fees payable in course of lease/ alienation proceedingsunder Amended Rule 2013

06

6.5.Government dues to be accessed while leasing out theGovt. Land

06

6.6.Stages of lease of Government land for industrialpurpose

06

7.Procedure for settlement of Government Land forindustrial purpose

07

7.1. Intimation slip and lease deed 10

8.Power to Sanction and Settlement of Govt. Land(Schedule II)

10

9. Checklist 1010. Conclusion 1211. References 1212. A Model Case Record for example (Annexure-I)

1Bijay Kumar Sethi, ORS, Trainee Officer (22nd Batch, ROTI)

1. Land-in general, an Introduction

The term 'land' usually includes all physical rudiments in the wealth of anation bequeathed by nature, such as, climate, environment, fields, forests,minerals, mountains, lakes, streams, seas and living creatures. The surface ofthe mother earth referred to as dry land is the solid surface that is not enduringlycovered by water.

The word 'land' is derived from Middle English, “land, lond” and OldEnglish, land, lond that means “earth, land, soil, ground; distinct portion ofland, territory, sphere, province, district; landed property; country (not town);ridge in a ploughed field”), from Proto-Germanic, landą (“land”) and fromProto-Indo-European, lend- (“land, heath”).

2. Definition of Land as per revenue lawsAs per U/s-2(14) of the OLR Act, 1960, “Land” means land of different

classes (Class-I, II, III and IV) used or capable of being used for agriculturalpurposes and includes homestead. Land can be classified as follows.

Class I – Irrigated land in which two or more crops (i) were in any yearwithin a period of three years before the commencement of the OrissaLand Reforms (Amendment) Act, 1973, grown or (ii) can be grown in ayear.

Class II – Irrigated land in which not more than one crop (i) was, in anyyear within a period of three years before the commencement of theOrissa Land Reforms (Amendment) Act, 1973, grown or (ii) can begrown in a year.

Class III – Land, other than irrigated land, in which paddy (i) was, in anyyear within a period of three years before the commencement of theOrissa Land Reforms (Amendment) Act, 1973, grown or (ii) can begrown in a year.

Class IV – Any other land. Explanation – For the purposes of thisclause, tanks, coconut gardens and orchards (except orchards growingbanana), shall be deemed to be Class III land.

Generally, land can also be categorized into two broad classes, i.e., private landand Government land.

2.1 Government Land

U/s 2 (b) of the OGLS Act, 1962, Government land means any waste landbelonging to Government whether cultivable or not, recorded as House


site, Anabadi, chot jungle, puratan patit, nutan patit, parityakta bedakhali,Gochar or by any other description whatsoever; any other descriptionwhatsoever includes, Khasmahal land (Government estates and the rent ofwhich are payable under Bengal land Revenue Settlement Regulation,1822 or 1825), Nazul lands, Gramkantha Paranboke lands of es-madrasareas and Abadi lands. Other than the Private land and land belonging todifferent departments of the State and the Government of India, localbodies, all other lands of the village shall be recorded under GovernmentKhata, such as, Abada Ajogya Anabadi, Abada Jogya Anabadi, Rakhitand Sarbasadharana.

Section 2 of the OPLE Act, 1972 defines the term as property ofGovernment/Government land that includes the following types of landsi.e. U/s-2 (a) all public roads, streets, lanes and paths, the bridges, ditches,dikes and fences, on or beside the same, the bed of the sea and ofharbours and creeks below high water mark and of rivers, streams, nalas,lakes and tanks and all canals and water courses and all standing andflowing water and all lands including temple sites, house sites orbackyards wherever situated, save in so far as the same area -

Lands belonging to Ex-Rulers of Ex-intermediaries. Lands belonging to people paying rent in any form to intermediaries. Lands for which rent is paid to Government. Lands of registered land holders with proprietary rights. Any land held under the Government by any person. Departmental or local authority lands. Land acquired under the Land Acquisition Act 1894 or any such act in

force. Immovable properties of Ex-Rulers settled in their favour. Lands belonging to PSUs. Lands belonging to Government undertakings or in which Government

has substantial stake or control.

3. Lease-at a glimpseA contract or an agreement between leaser and lessee by which one party

conveys land, property, services, etc. to another for a specified time, usually inreturn for a periodic payment under certain terms and conditions. Usually, leaseof Government land can be granted for the following purposes, such as,I. Lease for homestead and agriculture purpose


II. Lease for industrial purpose.III. Lease for Government organization, institutions, departments etc. (called asalienation)

3.1 Objectives of lease of Government land for industrial purpose

Rapid industrial development Maintaining a sustained growth in productivity Enhancing gainful employment Achieving optimal utilization of human resources Attaining international competitiveness Transforming the state/country into a major partner and player in the

global arena. Balanced regional growth of industries.

4. Laws/Acts for lease

While the Odisha Survey and Settlement Act, 1958 and the Odisha LandReforms Act, 1960 took care of the issues relating to use of private lands andownership thereof; regulating the use and ownership of Government land wasthe foremost concern during the commencement of 1960s in the state. Before1962, Settlement/lease of Government land was made by way of executiveinstructions, various Acts, Rules, Orders, Customary practices and usages inforce in various parts of the state. In order to settle Government land in aplanned and consistent mode throughout the state, the Odisha Government LandSettlement Act, 1962 was enacted and Rules thereof was structured. TheGovernment of Odisha took cognizant judgment to put in place some lawregulating the procedure of dealing with Government lands in the entire state ina consistent approach. A set of uniform principles regarding lease ofGovernment waste lands superseding the provisions of different Acts, Rules,Orders as well as conventional and customary practices were enforced with theintroduction of the Odisha Government Land Settlement Act, 1962. Instead oftinkering with individual laws the Act introduces planned manner uniformlythroughout the State for settlement and lease of Government lands.

The Odisha Government Land Settlement Act, 1962 (Act 33 of 1962)came into force on the 13th day of November, 1962 and covered the entire stateof Odisha. Section-3 of the Act explains that notwithstanding anythingcontained in any other law for the time being in force; the Government has the


power to reserve any Government land or its portions for residential, habitation,communal, or industrial purposes.

Nonetheless, “Gochar” lands cannot be settled in pursuance of the aboveprovisions unless de-reserved according to the provisions laid down in section3-A of the OGLS Act, 1962.

5. Reservation and Settlement of Government Land

As per under section-3 of OGLS Act, 1962, notwithstanding anything tothe contrary in any law or any custom, practice or usage having the force of law,Government shall not be deemed to be debarred from exercising all or any ofthe following powers in respect of Government lands, namely,(a) To reserve such portion of the lands as they deem proper for the purpose ofbeing used as house-sites or for any communal or industrial purpose or for anyother purpose whatsoever.(b) To charge premium for settlement of any such land.(c) To charge rent for the lands so settled.(d) To charge fees on applications for settlement of lands and such other fees asmay be necessary for or incidental to the disposal of such fees shall be payablein the prescribed manner.(e) To authorize any officer of Government not below the rank of a Tahasildarto dispose of applications for settlement of lands and to settle the same in suchmanner as may be prescribed and subject to the provisions of Sub- sections (2)and (3).

6. Lease of Government land

6.1 Applicants for Lease of Government Land (other than Individuals)a) Central Government Ministry or Department.b) State Government Department.c) Corporation or Company or Society or Agency owned by Central

Government.d) Corporation or Company/Industry or Society or Agency owned by State

Government.e) Public Limited Company/Industry or Private Limited Company/Industry

other than those in (c) and (d).f) Registered Society or Trust other than in (c) or (d).g) Any other entity such as Educational Institutions, Private Organizations

etc.


6.2. Leasability criteria of the land to be settled

1. The land applied for lease shall be free from encroachment andencumbrances.2. The land must not be a questionable land, i.e., chara, diara or Gochar.3. There shall not be any sairat source over the land.4. The suit land shall be connected with road.5. The suit land shall not be a forest land. Before submission of the proposal, theDLC report shall be verified. Forest land cannot be leased out without the priorapproval of Ministry of Environment and Forest in view of the provisions ofForest (Conservation) Act, 1980 read with the order dated 12.12.1996 passed bythe Hon’ble Supreme Court of India in W.P. ( C ) No. 202/95.6. The suit land shall not be leased out to any individuals/organization earlier.Lease register shall also be verified regarding pendency of any applicationpertaining to the suit plot.7. There shall not be any communal right of the public over the suit land (Theguidelines contained in R and DM Department letter No. 25616 dt. 27.08.2014shall be followed regarding change of classification of land classified ascommunal in the Record of rights. The earlier instruction issued by the erstwhilerevenue and Excise Department letter No. 44485/R Dt. 05.10.1991 waswithdrawn).6.3 Application and Documents required for Lease/Alienation (other thanIndividuals)

• Application in Form I A in quadruplicate u/r 5 (2).• Land Schedule and land plan in quadruplicate.• Authorization of the Organization in favour of the representative

applicant.• Attested true copy of the Certificate of incorporation or registration, if

applicable.• Attested true copy of Memorandum or Articles of Association, if

applicable.• Copy of audited statement of accounts for last three years.• Land utilization plan.• Willingness to pay the requisite Government dues.• Administrative approval where ever applicable.

Note: - Documents at Sl. No. (4) to (6) shall not be required in respect ofapplicant organizations of State Government or Central Government such as:

• Central Government Ministry or Department.


• State Government Department.• Corporation or Company or Society or Agency owned by Central

Government.• Corporation or Company or Society or Agency owned by State

Government.6.4 Fees payable in course of lease/ alienation proceedings under AmendedRule, 2013

– Application fees – Rs. 100/- ( in shape of court fee)– Proclamation fees - Rs. 50/- ( in shape of court fee)– Measurement Fees per plot – Rs. 100/-– Objection petition - Rs. 20/- ( in shape of court fee)– Fees for serving of individual notice - Rs. 50/- ( in shape of court

fee)– Fees for issue of general notice - Rs. 50/-( in shape of court fee)

6.5 Government dues to be accessed while leasing out the Government Land

Premium (One time), Annual Ground Rent (1% of premium fixed), Cess(75% of annual ground rent) and Incidental Charges (Onetime; 10% of premiumso fixed) including interest if applicable. (Other than cases of specialconcessions granted by Government, premium is generally fixed on the basis ofthe Benchmark valuation or highest market value of the village to be obtainedfrom the Sub-Registrar and of course the area under lease proposal while leasegets recommended by the Tahasildar). Industrial Policy Resolution (IPR) alsoprescribes concessional rate for lease of Government land zone wise forpromoting industrialization in the state.

6.6 Stages of lease of Government land for industrial purpose

1. Filing of application in Form-IA.2. On receipt of applications, it shall be immediately entered chronologically inthe lease register maintained in Form No. II.3. There shall be two registers one for the urban area and another for the ruralarea.4. Verification of records by the R.K.5. Field verification report from the R.I. and Office Amin.6. The Tahasildar shall issue proclamation in Form No. III inviting publicobjections, if any, if he is satisfied that the suit land is leasable and the applicantis eligible.


7. General proclamation shall be published in the locality in the manner asprescribed in Rule 5(5)1. {1) U/R 5(5) of the OGLS Rule, 1983 2) General notice shall be

issued in the prescribed Form No. III. 3) Notice shall be signed with date by the Tahasildar.4) Court seal and seal of the Tahasildar shall be affixed. 5) P.R No. and date shall beindicated. 6) Name of the applicant, address, purpose of lease and detail land schedule shallbe indicated. 7) Beat of drums. 8) By affixing a copy at a conspicuous place in the village inpresence of at least two nos. of independent witness. 9) If the village is unhabitated, thenotice shall be published in the nearest village. 10) Notice shall be published by affixing inthe notice board of the Tahasil Office, GP Office, NAC and Municipality Office.}

8. On expiry of stipulated period of the proclamation, the Tahasildar shall hearand disposed of objection petition received during the proclamation period.9. Thereafter, the case record will be submitted to the Sub-Collector.10. While submitting the case record, the Tahasildar shall pass orders carefully.The order of the Tahasildar shall contain

a) The provisions of law on which the case is initiated.b) Name and detail address of the applicant.c) Detail land schedule.d) Eligibility of the applicant.e) Leasability of the suit land.f)Regarding de-reservation (for Gochar land) and change of classificationu/r 34 (e) of the OSS Rules, 1962 if required.g) The Tahasildar shall indicate as to whether the applicant is a

Department of the Government In such case, alienation shall be madefree of all charges in view of the provisions of Rule 283(1) of OrissaGeneral Financial Rule, Vol-I communicated by the FinanceDepartment vide office memorandum No. 26279/F.D dated09/06/1999. The relevant paragraph is quoted below. “283(1)- Whenany land or building is transferred from one Department to another ofthe State Government, the transfer shall be free of all charges”.

h) Calculation of premium, rent, cess and incidental charges payable bythe applicant other than a Department of the Government

i) Competency of the Officer to sanction the lease shall be reflected asindicated in schedule–II.

7. Procedure for settlement of Government Land for industrial purpose

All applications for settlement of Government land irrespective ofpurpose of lease or the extent of area involved either in urban area or rural area


shall be filed before Tahasildar having jurisdiction over the area in which land issituated.

Application for settlement of land shall be in Form-1A with all requisitefees.

On receipt of applications, application shall be immediately enteredchronologically in a register maintained in Form-II. There shall be twosuch registers, one for the urban area and another for the rural area.

On receipt of application, Tahasildar shall cause an enquiry/ verificationwith respect to RoR and Map by the Record Keeper, ascertain whetherland is free from encroachment or encumbrance or not, and whether thelease can be granted and whether any de-reservation is required.

The R.I. and Amin shall be directed to enquire the field position vis-à-visthe land schedule for which the lease has been applied and to submit adetailed report regarding the land. In the meanwhile, Tahasildar has toverify the DLC report as forest land cannot be leased out without theprior approval of Ministry of Environment and Forest in view of theprovisions of Forest (Conservation) Act, 1980 read with the order dated12.12.1996 passed by the Hon’ble Supreme Court of India in W.P. ( C )No. 202/95.

Tahasildar has to verify the pendency of any application pertaining to thesuit plot.

Whether the applicant is eligible to get the land for the purpose for whichhe has applied and the like. Such verification shall as far as prescribed, becompleted within a period of fifteen days from the date of receipt of theapplication. If after verification/enquiry, it is ascertained that land cannotbe settled because of non-availability of land in question or non-eligibilityof the person applying for the land or the like, Tahasildar shall reject theapplication after recording in writing reasons of such rejection in respectof each application.

If after necessary verification, as mentioned in sub-rule (3) of OGLSRules, 1983, Tahasildar finds that land can be settled then Tahasildarshall publish a proclamation in Form No. 3 (by beat of drum and byaffixing a copy of the same at a conspicuous place in the village or urbanarea in which the land is situated in the presence of not less than twoperson of the locality. If the village is un-inhabited, the notice shall bepublished in the nearest inhabited village. A copy of the proclamationshall be published in the Notice Board of the Tahasil office and a copy


shall be sent to the Gram Panchayat or Notified Area, Council orMunicipality, as the case may be or urban where the land is situated),inviting objection, fixing a date for hearing the said objection, if any. Theproclamation period is 30 days.

Within the period of proclamation or later on, the Tahasildar has to makea spot visit to ascertain that the applied land for lease is

Free from encroachment and encumbrances No sairat source over the land No valuable tree growth Suit land is well connected with road No obstruction to flow of rain water/natural water course No obstruction to the passage of animals and public Will not create any hindrance to the nearby land owners, if

any Suit land is not a forest land in its hal or sabik record There is no communal right of the public over the suit land

After completion of stipulated period of proclamation, the Tahasildarshall dispose of objections, if any, in writings, in separate case records.

After disposing objections or immediately after completion ofproclamation period, where no objection has been filed, the Tahasildarshall, if he satisfied that the applicant is deserving and there is noobjection to settlement on any ground, make order granting suchsettlement of the land applied for or any portion thereof and submit thecase record, after expiry of the appeal period, to the Sub-divisionalOfficer having jurisdiction for approval or he will submit case record tosuch officer as empowered under schedule-II of OGLS Rules, 1983.

One of the evidences would be that the land in question is recorded asKhasmahal, Nazul, Gramkantha Paramboke, or Abadi in the sabik recordsand as Gharabari in the current settlement record.

If such sabik records are not available, the Tahasildar will record it andproceed with the inquiry in accordance with the procedures established bylaw.

Tahasildar will then either settle, or reject, or submit the case record forconfirmation to Sub-Collector who on turn will settle, reject, or submitthe same to the Collector who may settle or reject the case or remand it tolower courts with observation.


7.1 Intimation slip and lease deed

In all cases where a settlement of land is granted, an intimation slip inForm-IV shall be issued by the Tahasildar in the name of the lessee. Lease deedas wherever necessary, shall be executed and registered at the cost of the lessee.

8. Power to Sanction and Settlement of Government Land (Schedule II)

Sl. No. In whose favourOfficer

exercisingpowers

In Rural area In Urban area

1.

In favour of smalland medium

Industries

Collector

Not exceedingfive acres on therecommendationof the DistrictIndustriesCentre

Not exceedingone acre on therecommendationof the DistrictIndustriesCentre

2. RDC

Exceeding fiveacres but notexceeding tenacres on therecommendationof the DistrictIndustriesCentre

Exceeding oneacre but notexceeding fiveacres on therecommendationof the DistrictIndustriesCentre

9. Checklist

The Secretary to RDC, C.D., Cuttack in letter No. 710/Rev.1 dated02.03.1996 has communicated a checklist to all the Collectors to process thelease/ alienation applications before submission of proposal to higher quarters.The Joint Secretary, Board of Revenue, Odisha in his letter No. 2288/Rev-1dated 22.12.2011 has circulated a checklist for scrutiny of proposals for lease/alienation of Government land.

The Tahasildars while submitting the lease applications shall fill up thecheck list and submit the case record along with the check list to the Sub-Collector.


Checklist scrutiny of proposal for Lease/Alienation ofGovernment Land

1. Name of the Applicant

2.Name of the Dept. / Organization/ Company/Development Authority that applied forlease/Alienation

3.Whether the Applicant has been duly authorized to filesuch requisition

4. Purpose for which the land is required5. Whether requisite court fees paid6. Details of land schedule

7.Whether proclamation notice inviting public objectionu/r of OGLS Rules has been issued and duly served?

8.Whether any objection in response to proclamationnotice received or not. If received the nature of disposalof such objection

9.

Site selection/spot visit (if the site is not selectedthrough site selection committee, then Tahasildar shallconduct spot visit and prepare an exhaustive Spot VisitMemorandum covering all field details, like, date ofspot visit, present status of land, suitability of the landfor the purpose requisitioned, adequate justification forsuch lease including minimum requirement of land bymaking of an efficient land-use plan etc.)

10. Whether the land is leasable?11. Whether de-reservation of Gochar land done?

12.Whether forest clearance in the case of forest land, ifany, obtained or not for its diversion under ForestConservation Act?

13.Trace map, whether prepared, authenticated andenclosed to the Case Record or not?

14.Whether the proposed land is entitled toconcessional/premium under IPR Rate or not?

15.Whether any undertaking to pay Government dues hasbeen submitted by the Applicant or not?

16.Whether any Government policy decision taken forlease of Government land?

17. Whether MoU with Government has been signed?

18.Whether premium, Ground rent, Cess and incidentalcharges duly assessed?

19.Defects, statutory or procedural or otherwise, if anynoticed?


10. ConclusionIndustrialization plays a very pivotal role in the economic growth of

underdeveloped/developing countries. Consequently, it is pursuing policies thatsupport privatization and deregulation of the economy. The process ofindustrialization demands, for its utmost success, certain services that onlyGovernment can offer, including certain central economic functions i.e., legal,monetary, land, fiscal aiming at the highest welfare of the deprived.

Revenue and Disaster Management Department, Government of Odishais playing essential role in industrialization, economic development and equallypromoting industrial research and technological change in the State throughsuccessful implementation of various acts, rules and schemes for settlement ofland for industrial purpose in Odisha.

11. References

1. Odisha Government Land Settlement Act, 19622. Odisha Government Land Settlement Rules, 19833. Odisha Land Reforms Act, 19604. Odisha Prevention of Land Encroachment Act, 19725. Odisha Prevention of Land Encroachment Rules, 19856. www.revenueodisha.gov.in7. http://rotiodisha.nic.in/8. Records of Tahasil Office, Bonth, Bhadrak.

12. A model Case Record for Example (Please see Annexure-I)

Schedule LIII-Form no.320 ANNEXURE-IORDER SHEET

ORISSA RECORD MANUAL, 1964, PARA 207 (1)

Form Date …… To …… Tahasil:-BonthP.S.: Bonth, Thana No-121.Village- Bonth

Sub-Division: - Bhadrak, District: Bhadrak, Lease Case No-01 /2018.Type of Case: Industrial Lease

Sl. No. oforder andDate

Order of officer and Signature Remarks

1 2 31

01.05.2018Perused the application filed by the Managing Director, M/S XYZ

Pvt. Ltd., Bonth, Bhadrak in Form No. I A U/r 5(2) of the OGLS Rules1983 and the OGLS Amendment Rule, 2013 vide his letter No. XXXXXdt. 28.04.2018 along with land schedule and land plan in quadruplicatefor lease of the following schedule of Govt. Land for establishment ofindustries.

Land ScheduleMouza Khata No Plot No Area KissamBonth 75(AJA) 517 Ac.1.85 Patita

The Application fees of Rs. 100/- has been affixed in shape ofCourt Fees. The proclamation fees of Rs. 50/- has also been affixed inshape of Court Fee.

Institute a lease case under Rule 5(3) of the Orissa GovernmentLand Settlement Rule, 1983.

Ask the Record Keeper to verify the RoR and report about the recordposition within three days.

The R.I., Apanda and Amin, A. Das are directed to enquire thefield position vis-à-vis the land schedule for which the Lease has beenapplied and submit a detailed report before the next date.

Intimate the Applicant to deposit the demarcation fees of Rs.100/- @ Rs.100/- per plot with Nazir of this office on acknowledgmentof proper receipt.

Request the DFO, Bhadrak to intimate whether the suit plots findplace in the DLC report and whether the same are notified U/s-30 ofForest Act, etc.

Case posted to 28.05.2018 and put up on 28.05.2018.(Dictated)

Tahasildar, Bonth. Tahasildar, Bonth.

Schedule LIII-Form no.321

Continuation of Order Sheet

228.05.18

The case record is put up today. Gone through the report of R.I.

Apanda and Record keeper which are attached and made part of the case

record.

The R.K has reported that the case land for which lease has been

applied coincides with the Land Schedule in the RoR of Mouza –Bonth.

The present status of land Schedule recorded under AbadaJogyaAnabadi

Khata of the village is given below which has been published during the

HAL Settlement operation of 1962-63 i.e. before 25.10.1980. There is no

recording of “Sabik Kissam- Jungle” in the remarks column of the plots

for which lease has been applied. The land in question is leasable in

nature. The report of the R.K. along with the true copy of the RoR are

attached and made part of the case record.

Land Schedule

Mouza Khata No Plot No Area KissamBonth 75(AJA) 517 Ac.1.85 Patita

The R.I Apanda has reported that :-

a) That, the case land for which lease has been applied stands

recorded under AJA Khata of village Bonth which is suitable

for establishment of Industry. [if same plot is Gochar]

b) That, the proposed land is free from Encroachment.

c) That, there is road connectivity to the proposed site.

d) That, there is no Sairat sources exist in the case land.

e) That, the case land does not find place in the ayacut area.

f) That, there is no public inconvenience and objection.

g) That, there is no forest growth of timber value over

the case land.

Comment [O1]: The RK and the RI havereported that the case land is Gochar in Kisambelonging to Rakhit Khata which is per se notleasable. The RI has submitted his report alongwith calculation of the effective area whichreveals that there is surplus gochar in thevillage to the exent of Ac 198.40.

Calculation of Effective Area1.Gochar (- sand hil) Ac. 98.43 dec2.Pvt Agl. Land Ac. 56.76 dec3.Vill. Forest Ac. 31.21 dec4.Waste Land(Arable) Ac 12.00 dec

Total Ac. 198.40 decEffective area 198.40 x 20 /23= Ac 172.52 dec5% of effective area as Gochar Ac .8.63 decSurplus Gochar =98.43 – 8.63 = Ac 89.80 decThe RI reports that,

The Gochar land under proposal of lease isno longer required / no long serve thepurpose / is in excess of reasonablerequirement for which it was reserved.

Start a De-Reservation proceeding U/r 4 ofOGLS Rules 1983.Put up after change of kisam and khata after thede-reservation proposal is approved.



h) That, the applied land comes within the compact patch of

the applicant industry.

i) That, the land plan for the applied land has been verified

and found to be correct up to the scale and field position.

j) That, the land in question is leasable in nature.[if belongs to

SS Khata]

The report of the RI is attached and made part of the case record.

On verification of the Land Schedule vis-à-vis, RoR and field

position, it is found that the land for which lease has been applied are

found to be leasable in nature.

However, put up on 02.06.2018 for my spot visit along with RI

Apanda and office Amin so as to verify and to have a spot visit

memorandum.

Case posted to 02.06.2018 and put up on 02.06.2018.

(Dictated)


302.06.2018

This case is taken up today for my spot visit. Visited the field along with

the RI Apanda and office Amin Sri. A. Das and verified the following

Schedule of Land for which lease has been applied.

Land Schedule


On verification it is found that the suit plots are free from

encroachment and there is no public inconvenience. The suit plots have

Comment [O2]:1)Land Acquisition2)Sanction of Government in R& DDepartment is required3)Follow Circular no. 25616 / R&DM dtd27.08.2014 where ever applicable.



not given in Advance possession to Odisha State Cashew Dev.

Corporation Ltd. There is no valuable tree growth of timber value. There

is no Sairat source exists over the suit plots. The suit plots are suitable for

industrial purpose.

The spot visit memorandum is attached and made part of the

case record.

As such issue proclamation in Form No. III U/r 5(4) of the OGLS

Rule, 1983 inviting objections from the general public within a period of

30 days from the date of publication of such proclamation.

Request the Sub-Registrar, Bonth to report the bench mark

valuation / highest sale statistics of lands of the said village.

The Applicant has deposited Rs 100/- vide MR No XXXXXX

dt.15.6.2018.

Put up after the objection period is over.


(Dictated)


405.07.2018

This is taken up today. This case is instituted on basic of therequisition filed by the Applicant i.e. the Managing Director, M/S XYZPvt. Ltd., Bonth, Bhadrak in Form No. I A U/r 5(2) of the OGLS Rules,1983 and the OGLS Amendment Rule, 2013 along with land scheduleand land plan in quadruplicate for lease of the following schedule ofGovt. Land for establishment of industries.

Land Schedule




The requisite application fees Rs.100/- has been realized in shape of

court fees. The demarcation fees of Rs.100/- has also been realized vide

MR No. XXXXX dt. 15.06.2018. Proclamation fees of Rs. 50/- has also

been realized in shape of court fees.

The R.K has reported that the case land for which lease has been

applied coincides with the land status recorded in the RoR. He has also

reported that, the present status of land Schedule recorded under

AbadaJogyaAnabadi Khata of the village, Bonth has been published

during the HAL Settlement operation of 1962-63 i.e. before 25.10.1980.

There is no recording of “Sabik Kissam- Jungle” in the remarks column

of the plots for which lease has been applied. The land in question is

leasable in nature. The report of R.K has been made part of the case

record. The true copy of Khatian having the land in question is attached

and made part of the case record.

The R.I Apanda has reported that :-

1. That, the case land for which lease has been applied standsrecorded under AJA Khata of village Bonth which is suitable forestablishment of Industry.

2. That, the proposed land is free from Encroachment.(ifencroached)

3. That, there is road connectivity to the proposed site.

4. That, there is no Sairat sources exist in the case land.5. That, the case land does not find place in the ayacut area.6. That, there is no public inconvenience and objection.7. That, there is no forest growth of timber value over the case

land.8. That, the applied land comes within the compact patch of the

applicant industry.9. That, the land plan for the applied land has been verified and

found to be correct up to the scale and field position.10. That, the land in question is leasable in nature.

The report of the RI has also been made part of the case record.

Comment [O3]: The RI has reported that thefollowing plot is under encroachment of theapplicant/others.As the land is under encroachment

As such initiate Encroachment Case underOPLE Act and put up after reaching the logicalconclusion in that case.

Issue extract of order to the BC, EncroachmentCase.



I have personally visited the spot along with R.I Apanda and

Office Amin A. Das. It is found that the land is suitable for establishment

of Industry. The spot visit memorandum has been attached and made

part of the case record. As ascertained, the case land has not been given

in advance possession to the Orissa State Cashew Development

Corporation Ltd.

General proclamation published under rule 5(4) of OGLS rule 1983

inviting public objection has been served U/r 5(5) of the said rule in the

locality. The served copy of the proclamation is attached and made part

of the case record. No objection has been received during the statutory

period. (If objection is found)

The DFO, Bhadrak has reported that the scheduled land does not

find place in the DLC report and no proposal u/s 30 of the Forest Act is

under consideration. The report of the DFO is attached and made part of

the case record.

The Sub-Registrar, Bonth has intimated the benchmark valuation /

highest sales statistics of the village Bonth. The valuation report of the

Sub-Registrar, Bonth is attached and made part of the case record. I have

personally visited the spot along with R.I Apanda and Office Amin A.

Das. It is found that the land is suitable for establishment of Industry.

The spot visit memorandum has been attached and made part of the case

record. As ascertained, the case land has not been given in advance

possession to the Orissa State Cashew Development Corporation Ltd.

General proclamation published under rule 5(4) of OGLS rule 1983

inviting public objection has been served U/r 5(5) of the said rule in the

locality. The served copy of the proclamation is attached and made part

of the case record. No objection has been received during the statutory

period.

In view of the above facts and circumstances and as the Applicant

Comment [O4]: One objection petition hasbeen received from one X of village Y againstthe proposed lease. Issue notice to the objectorto remain present in this court the next date forhearing on 10/07/2018.[u/r 5 (6)]

10/07/2018: The objector is present. Heard himat length. He objects to the lease proposal on thefollowing grounds.“ ….…………………………………………………“As per the record position and the field enquiryreport it is found that the grounds of objectionsare frivolous and therefore has no merit. Hencethe objections are considered and rejected beingdevoid of any merit.Put up on 15/07/2018 for final order.



has filed the requisite documents along with willingness to pay the Govt.

dues and as the land is leasable and suitable for the purpose for which

lease has been applied and as no objection has been filed for the

proposed lease and as no legal impediment has been reported so far to

the proposed lease, proposal for sanction of lease for in favour of M/S

XYZ Pvt Ltd represented by Managing Director, XYZ Pvt Ltd., Bonth,

Bhadrak with its head office at- Kolkata, West Bengal is hereby

submitted for the following schedule of land subject to payment of the

Govt. Dues and under the terms and conditions as per law.

Land Schedule


On the event of sanction of lease, the lessee shall be liable to pay thefollowing Govt. Dues as calculated below.1. Premium for Ac 1.85dec land @ 10 lakh per

acreRs. 18,50,000

2. Annual Ground Rent @ 1% of Premium Rs. 18,5003. Cess ( 75 % of Ground Rent) Rs. 13,8754. Incidental Charges @ 10% of Premium Rs. 1,85,000

Total Rs. 20,67,375(Rupees Twenty Lakh Sixty Seven Thousand Three hundred Seventy Five)

only.After sanction of lease the lessee shall have to deposit the above

amount fully and execute the lease deed with the sanctioning authority

within Six month from the date of sanction of the lease.

As per the Schedule II U/r 11 of the OGLS rules 1983 the Collector,

Bhadrak has been vested the power to sanction settlement of Govt. Land

in the instant case.


(Dictated)

Tahasildar, Bonth Tahasildar, Bonth



525.07.2018

The case record is put up to me. As such submit the case record to

the Sub-Collector, Bhadrak for kind recommendation and onward

transmission to the Collector, Bhadrak for further action.

(Dictated)


606.08.2018

This case record is put up before me. On receipt of the same from

the Tahasildar, Bonth, gone through the case record. It is found that the

case record is in order. As the Tahasildar has observed all formalities

required for sanction of lease, it is therefore recommended for sanction

of lease in favour of M/S XYZ Pvt Ltd represented by Managing Director

XYZ Pvt Ltd., Bonth with its head office at- Kolkata, West Bengal is

hereby submitted for the following schedule of land subject to payment

of the Govt. Dues and under the terms and conditions as per law as

submitted by the Tahasildar, Bonth vide his order dated 25.07.2018.

Land Schedule


(Dictated)


716.08.2018

Collector’s Sanction Order

820.08.2018

This case is taken up today. On receipt of the case record from District

Office vide letter no. 000/ Rev. dtd 16/08/2018. The Collector, Bhadrak



has been pleased to sanction the lease. As such ask the lessee to deposit

the Govt. Dues of Rs. 20, 67,375/- immediately with Nazir of this office

and execute the lease deed within the stipulated period as per sanction

order.

Nazir is directed to receive the above amount on proper receipt.

Put up the case after realization of the Govt. Dues.

(Dictated)


928.08.2018

This case is taken up today. The lessee has deposited the requisite

Govt. Dues of Rs. 20, 67,375/- vide MR No. 223391 dtd 26/08/2018.

Intimate the lessee for further action towards execution of lease deed

with intimation to the District Office.

(Dictated)


1007.09.2018

This case is taken up today on receipt of the registered lease deed

executed between the Collector, Bhadrak on behalf of the Govt. and the

lessee. The copy of the registered lease deed is attached and made part of

the case record.

As such send the case record to the RK for effecting necessary

correction in the RoR and issue intimation slip to the RI concerned for

further action.

(Dictated)




1112.09.2018

This case is taken up today. Necessary corrections have been effected in

the RoR. RoR and Intimation slip issued to the stake holder and the RI

concerned for necessary changes in his office records and report

compliance within seven days.

(Dictated)

OIC Record Room OIC Record Room

1220.09.2018

This case is taken up today. Return copy of intimation slip received from

RI. He has intimated that necessary changes in his office records have

been effected.

As such close the case.

(Dictated)
